Can an unlicensed contractor win in court regarding non-payment of services?

I took on a construction project and have completed it. Now the customer is not paying because he is saying that it is not done right. It is done right and we have pics to prove it. But the problem is that I do not have a license and he knows this. We didn’t show him a false license or anything. We signed a contract under my name. The claim is for $4000. Do you think it is smart for us to go to court and if you do do you think we would win?

Asked on July 26, 2012 under Business Law, New York


Ian Kravitz / Malka & Kravitz, P.A.

Answered 8 years ago | Contributor

This all depends on what specific types of work your furnished.  If that work required a contractor's license under Chapter 489 Florida Statutes, you would be well served to not bring a claim in Court to recover your monies.  Chapter 489 would preclude you from enforcing your agreement in law or even in equity. Even if the homeowner knew that you lacked a license.  However, if the work furnished did not require a license pursuant to Chapter 489 Florida Statutes, then you may in fact have enforceable claims.  I would need to know more about the specifics of the work that you actually furnished.

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